Opinion
Submitted September 28, 2001.
October 15, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 13, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove and Diane R. Eisner of counsel; John Preuss on the brief), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's challenges to various remarks made by the prosecutor during her opening statement and summation are unpreserved for appellate review (see, CPL 470.05; People v. Balls, 69 N.Y.2d 641, 642; People v. Wilson, 265 A.D.2d 434). In any event, those remarks were either fair comment on the evidence (see, People v. Etoria, 266 A.D.2d 559; People v. Wilson, supra; People v. Zephir, 226 A.D.2d 408), responsive to the arguments presented in the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Irving, 265 A.D.2d 575; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872), or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Zephir, supra).
The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).
O'BRIEN, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.